So, you’ve eagerly signed a preliminary contract for a property in Italy, keen not to miss out on what seemed like a fantastic opportunity. However, upon closer inspection, you realize that the penthouse you fell in love with isn’t as spacious as you initially thought. Doubts arise about the feasibility of obtaining permission to extend into the roof space, and the anticipated costs are daunting. With the deed of sale approaching, you might be wondering if there’s a way out. In this article, we’ll explore your options and shed light on the legal aspects of backing out of a preliminary contract when buying a house in Italy.

Certificate of Habitability:

One crucial factor to consider is whether the property has a certificate of habitability. In a recent judgment by the Court of Appeal of Milan, it was established that if the seller fails to provide a certificate of habitability when signing the preliminary contract, the prospective buyer has the right to withdraw from the agreement and request the return of the deposit.

Implications and Compensation:

By exercising this right, you can choose not to proceed with the final transfer of ownership at the notary. Additionally, in specific situations, you may have the entitlement to seek compensation for incurred expenses or missed opportunities, including property-related expenses or lost chances to pursue alternative real estate offers.

Sharing Your Thoughts and Experiences on buying a house in Italy:

If you have encountered a similar situation or have insights regarding buying a house in Italy, we encourage you to share your thoughts and experiences in the comments section below. Your input can provide valuable guidance to others facing similar challenges in the real estate market.

Conclusion:

When buying a house in Italy, it’s important to be aware of your rights and options within the legal framework. If you find yourself in a situation where you wish to back out of a preliminary contract, the existence of a certificate of habitability plays a crucial role. The recent judgment by the Court of Appeal of Milan has reinforced the right of prospective buyers to withdraw from the agreement and request the return of the deposit if the certificate is not provided. Remember to consult with a legal professional who specializes in Italian real estate law to ensure you make informed decisions and protect your interests throughout the property purchase process.